### I **OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS I**  **AUSTIN ~RO**  **” Et-3** 

**SELLERS /**  **ATTORNEY**

**GENERAL**

Honorable Roy L. HLll county Attorney mlnneas counw Ballingor,Texas

Deer Slrr

of this SL:: as follows: letter reoelved to the authority ellmf the county ide from her regular the respeotiveComof County funds for

ve already ruled on this erstend tNs method a? keeping prevalent over Texas, and if e mail me a'oopy of the opinion. If you do not have this questionprepared from e former opinion,then will you please edvlse, if In your opinionthe Cowaissloners Court has the euthorityj to have their individualaccountskept, and pay for suoh serviceswith County Funds?"Eon. Roy L. Hill, Page 2

The letter of the County Judge addressedto you, a& referredto in your letter es quoted above is l,n psrt as follcVs:
"In th6 case of Stephens et al v. lrdllls County 113 9. U. 2 D page 944. The court passed on whether or not there was a contractbetveen tha County Trea8urer and the Commls8ioner Courtj for paylag the Treasurerextra money for tha work she did for the oonualasl.otiers

outalda of her regular offloial duties as County Treasurer. 'The question I vent to knw la, **can** the Corn-- missionersoourt pay out of their reed and bridge fund money to the Count7 Treasurer for keaplng **separate** books for eaoh Comlaaloners preolnot,making a motathly itemized stetementes to the receipts, and dlstrubmentsfor eaoh Commissioner pmoinot, l

aoh mouth, and then oomplllngat tha end of the year all this .ttormstlon,

Into an annual report for eaoh ComnlalloMM preoinot. "This of oouraewill be over, and above the salary she receives for porforisfng her regular offloial duties as County Troaauror.” Generally speaking,the Laglalaturohas the power to ~r$i; the duties and to fix the 0

(See Section 44, Article 1 of the State Conatltuthon). F nsation of the County
Artiolas $41, 3942 and 5943, Vernon*aAnnotatedCivil Statutes are applioableto the County Treasurer and fix the maximum oompensation as aazm relates to only the duties of hla officeand ~OVO no applioatlonto extra servloesas referred to in your latter.

OpinionNo. O-59 of this Departmentholda that it is permlsslble

for 8 County !Preasurer to aooept compensationfor servicearenderedbeyond the duties of his offlcawhere the performance of suoh services called for la olearly not within the soope of the offloiel&uties of the officewhich he holds.

It is apparent that keeping the aooounts of eaoh oounty ocmslplssioner

ia an addition to and is not a part of the offioial duties of the County Treasurer. (See the oaae of Stephenset al v. Mills County, 113 9. W. (2d) 944).BOX%.

Roy L. Hill, Pege 3

It is well establishedin this State, 8s stated in Texas JurlsprudeMe, Vol. 11, P. 564: "Comtulssloners~

Courts are courts of limited jurisd,iotlon,

in that their authorityextends only to matterspertainingto the goner81welfare of their respectiveoounties and that their powers em only those expressly or Fmplledlyoonferredupon them by law, that Is, by the Constitutionand atatutes of the State." The cese of Stephen et al v. Wills County, supn, stron& indloatesthat the Comiasloners@ Court hes the legal euthorltyto contraotwith the County Treasurerfor the purpose of keeping the aooounts of each County Ccemlssloner, and suoh servloes

81% additionalto end not a p8bt of his duties 88 County Tn8surer.

For the purposes of this opinion we must presume that the Comnissloners* Court of your oounty is oomplylngvLth the provialonsof Article 6740, V. A. C. S., as interpreted by the SupremeCourt of this State in the case of Stovall v. Shiverq 103 9. W. (2d) 363, end that the road end bridge fund of the oounty, other than the funds derived from registrationof autoaobileareoelved under Artlole 6679~lo, V. A. C. S., vhloh we hpve held shouldbe oerried in a separate and distinctro8d end bridgefund eooount, is C8rriOd in a Sing10 8ooount and is frm time to time apportionedto the four Commlssioners~ preolnots respectively

es was done in the 0888 of Garland v. Sanders, 114 9. W. (2d) 302. If this assuaptlon1s oorreot,we knov of no reason why the Commissioners 1 Court may not employ the County Treesurer, or eny other person to keep the aocounts of eaoh oounty oomlsslomr for his nspeotive preolnot and pay for suoh servloes out of the road and bridge Fred of the oounty since there is no duty imposedupon the County Treasureror any other offloer to keep suoh a detailed record and report of the receiptsand disbursementsfor each oommissioner~s precinct. If the road and bridge fund is not carried in a single eooountbut is divided Into four separateand dlstlnotaooounts therewould be no necessityfor such extra bookkeepingfor the County Treasurer'sbooks would at all times show the amountsga. R0y L. Roll, P8g8 4

OredftOdend OhRFged to eaoh C?f said preoiactaand the ~~SPQCtive belanoe in ench, if any.

Yours very truly

...F.~, ATTORREY GiEHEIUL OF TgxAs

ArdeLlWilliam ;' ,a
_.~ AOai8tont

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